Westgate takes timeshare lawsuit to Supreme Court

This is a follow-up to a previous post I wrote, Duped timeshare buyers score a victory. In that one, a Tennessee couple took Westgate Resorts to court, claiming that they had been misled while buying a timeshare. The court ruled in favor of the couple, and handed Westgate a $600,000 judgment for punitive damages, saying the company “engaged in intentional and fraudulent conduct.” The story doesn’t end, there, however…

The United States Supreme Court building

Here’s what’s happened since the original court case…

Westgate took the case to the Tennessee Court of Appeals and lost, though they did get the punitive damages reduced from $600K to $500K due to a cap in the state code.

Now the company wants to take the battle to the highest court in the land. They have filed a request for the US Supreme Court to review the case. Why, and what happens now?

Why take it to the top court?

I can think of a few possible reasons that Westgate would decide to take this route.

To prevent similar lawsuits. According to the Orlando Sentinel, Tennessee lawyers have been talking to other potential plaintiffs. One of the key issues in the case was whether Westgate violated Tennessee law by not providing the couple with a current copy of their POS (Public Offering Statement), instead giving them outdated documents on a CD-ROM. An executive director testified that this was company policy. How many other buyers in Tennessee are in the same situation? There might be many people who could file on similar grounds.

To reduce the judgment. The company was able to reduce the judgment by $100K in an earlier appeal. They may hope that they could reduce it further (or even entirely) if the Supreme Court reviews the case. In a Utah case, Westgate appealed a ruling to the state supreme court, which determined that a jury’s award of punitive damages was unconstitutional, because “the award violates procedural due process.” In that case, the original punitive damages totalled $1,000,000. After appeal the case went to arbitration, where the panel awarded damages of just $65,500. That’s a huge reduction, but Westgate appealed that, too (unsuccessfully). The Utah supreme court docs make pretty interesting reading…

“Equal Justice Under Law” on the Supreme Court

To avoid spreading the problem. I don’t know how many other states have a similar law about giving timeshare buyers a current copy of the POS documents, but the general issue of “intentional and fraudulent conduct” seems like it could be applicable in numerous other states. If this case stands, then the same type of misleading sales conduct might lead to lawsuits in other states, too.

To dissuade future plaintiffs. The more difficult, costly, time-consuming, and non-lucrative it is to file a case, the less likely future people will be to do it. In the original Tennessee case, the plaintiffs had to spend over $100K in legal fees before they won their case. How many people can afford an outlay like that? How many people want to expend that much time and effort on it, with all the headaches of a case that can go on for years, making its way through multiple appeals? And when judgments come in as low as in the Utah case, how many people will decide it’s not worth the hassle?

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What happens next?

Maybe nothing. The US Supreme Court does not have to agree to review the case. In fact, the odds are against it, since USCourts.gov reports that the court only accepts 100-150 of the 7,000+ cases that people request it to review each year. That means usually less than 2% of requests make it through.

Does it involve federal law? The Supreme Court cannot hear just any case. Here’s what FindLaw.com says:

“A case must involve an issue of federal law or otherwise fall within the jurisdiction of federal courts. A case that involves only an issue of state law or parties within a state will likely stay within the state court system where that state’s supreme court would be the last step.”

Since much of this case is related to Tennessee consumer protection laws, I’m not sure where federal laws come into it, but I’m sure the company has some legal grounds to raise. If there’s a lawyer out there who can shed some light on this, I’d love to hear more!

Where the action happens – the Supreme Court chamber

What cases do they take? Usually the court takes cases of major importance, or those where other courts have disagreed about federal or constitutional matters. Think about their 2015 decisions on gay marriage, or whether Obamacare health care tax credits are constitional. Those issues can affect thousands or millions of people across the country.

Presenting the case. If the Supreme Court agrees to hear a case, then both sides will present written briefs and oral arguments to the court. The justices then make their decision.

What could this mean to timeshare owners?

Additional legal costs. If the Supreme Court agrees to hear the case, then more lawyers will need to be involved. The lower court ordered Westgate to reimburse the Overtons’ legal fees, but clearly more costs would be incurred to argue the case to the Supreme Court.

Legal precedents. Supreme Court decisions can have a sweeping impact on state laws and future cases. Frankly, it seems like this could go either for or against the interests of timeshare buyers and owners, depending on how the case is presented, and what the justices decide (if anything).

I doubt that they’ll be dealing with the matter of fraud and misrepresentation in timeshare sales, though personally, I’ve love to see that addressed at such a high level. I think it’s more likely to be a review of how the punitive damages were assessed, or something similar which has minimal risk to the company regardless of how it turns out. While that might not prevent additional similar lawsuits from being successful, it could make them less attractive to file.

UPDATE: The US Supreme Court declined to hear this case. Since there is no higher avenue for appeal, it seems that this saga is finally over!

Comments? Questions?

I’m not a lawyer, and I don’t have any inside knowledge of this case, so this is my own opinion only. If you have more legal knowledge, or personal experiences with Westgate that you’d like to share, I’d love to hear your thoughts in the Reply section below.

~~~~~~~~~~~~~~~~~~~~~~Owning a timeshare can be a wonderful thing, but there are certainly some pitfalls to watch out for, as these court cases show. Before you walk into a timeshare presentation or make any deal, be sure that you understand it fully and know what you’re doing. A good place to start is my free Consumer Awareness Guide to Buying a Timeshare. When you know more up front, you can make smart, educated decisions.
~~~~~~~~~~~~~~~~~~~~~~

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14 Comments

Guy Tessier

Thanks Deanna for this update and to be a strong proponent for the consumer in the Timeshare Industry. On another note, it would be nice to hear on your thoughts and get comments on how Canadians are doing with the drop in Canadian Dollar related to the US currency. We have found that it will affect our Snowbird Travels down to the US and that the additional cost on our Timeshare maintenance fees is putting a burden on our wallets. An article on this would be of value to many.

Hi Guy –
Thanks for your comments, and thanks for the good words! I can certainly see how the shifting exchange rate could be an issue for snowbird travelers and international timeshare owners. That’s a good idea for a future blog post, so thanks for the suggestion!
– Deanna

Am in the same situation now. Westgate scammed my family of $43,000.00 and I can’t afford attorney fee to pursue the case, very frustrating. I wish we can get an attorney to take up my case. I already spent $5,600 on an Attoney.

Hi Anthonia –
I’m really sorry to hear about your situation! They do make it very difficult for people to sue the company, because it takes a lot of time and money — much more than most people can afford. Did your attorney give you any useful advice or results for the money you already spent? I can certainly feel your frustration! 🙁
– Deanna.

Deanna,
We own timeshares from 2 companies and just read your book.
We appreciate your knowledgable insights.
Our newest one – purchased last year – was new units added to Westgate -Smoky mountain resort
A recent fire destroyed much of their inventory – so sad for this beautiful area.
We still owe a balance on that monthly mortgage – do we continue to pay or resume payments when rebuilt?
My second question is do we still need to pay the annual HOA fees until our units have been rebuilt and are useable?
Any information will be helpful. Thank you, Mel

Hi Mel –
That is so sad that your resort was caught in that terrible fire. 🙁

I wish I had all the answers for you! I expect that you will need to keep paying, but the good news I heard is that at least the insurance is going to cover all the rebuilding costs, so there’s no additional money required from the owners. You should receive a letter from your timeshare company that gives you the official word on this. Also, I would hope that they can make some arrangements for you to get exchanges even while your unit is out of commission, so that you can get some vacation value from the fees you’re paying.

I’d love to hear back on how this all works out for you. It’s a bad situation, and I hope the company can come through for you.
Good luck with it! – Deanna.

We own two timeshares at Westgate Smoky Mountion. There was a fire and was told they would be built better, but when I drove down there I found they are not making the same style that I bought, but a one with a small deck, that holds two chairs and a small cocktail table. What I bought was a large porch that has a round table with four chairs to eat on, plus I could also fit two more card tables out on my porch. I had the style they are building for me, and payed more to get back my big porch. Please help, what can we do

Hi Joseph & Ellen –
Thanks for your comment. I’m so sorry to hear about the problems there! I’m sorry, but I’m honestly not sure what your legal rights are here. I’d suggest that you talk to a lawyer, have them review your purchase contract, and see what they say. I hope you can get some satisfaction on this, because it sounds like a significant difference from what you paid for!
Best of luck with it, – Deanna.

We were also scammed by Westgate smoky mtn. We were told 90 minutes would be all we had to spend to listen to their spill.. 4 1/2 hours later they wore us down, promised the world and we ended up purchasing a timeshare. We have only been back there one time and they said we had to set in on a owners meeting for 60 min.. 3 hours later we ended up upgrading because they told us the “float season ” was going away and we would not be able to get our unit. I have tried book our unit this year and miraculously they are booked up for the entire year. But they “may” have a unit available but not one we bought. We are paying a high pmt each month on something we will never get to use plus maintenance fee’s that are outrageously crazy. Would love to get out of this nightmare we have been in for 3 years!

I’m so sorry to hear about your experiences! Those overly long presentations are all too common. They just keep wearing you down, until you’re so tired you’ll say anything just to get out of there! 😰 And the stories about how you’ll never be able to use what you own unless you give them even more money… It’s a very disturbing side of timeshares, and I wish there more successful lawsuits to make some changes —- or laws, if our elected officials really wanted to help their constituents.

Anyway, you could try contacting a timeshare broker to see what your chances are of selling this. It would need to be fully paid off before you can sell, so I don’t know if that’s an issue for you or not.

hi
yes i attended a presentations and was going to buy went as far as writing a check but back out .and they refunded my money .but i keep getting phone calls saying that they want to buy my timeshare and the last one i got said that my maintenance fees were paid up now im concerned with fraud someone using my name and information.

hi
yes i attended a presentations and was going to buy went as far as writing a check but back out .and they refunded my money .but i keep getting phone calls saying that they want to buy my timeshare and the last one i got said that my maintenance fees were paid up now im concerned with fraud someone using my name and information.

My husband and I are in the same boat. We purchased a time share in Orlando in 2016. After literally listening to a sales pitch for over eight hours, my husband and I were pushed into purchasing one. Now with financial difficulties, we are unable to keep paying and Westgate refuses to work with us. A lot of what we were told during the “sales pitch“ where lies to persuade us to sell. My husband and I have decided this year we will not pay Westgate another dime. I wish we found more people that were willing to get together for a class action lawsuit against the company. We would definitely sign and be a part of it. They are a bunch of crooks and steal hard-earned money from unknowing not contract savvy people. At the time we were being sold a dream And didn’t realize the nightmare we would soon get ourselves into. From what everyone else has been saying and what I’ve been reading most that try to use their timeshare whether it is floating or a standard week, always encounter difficulties because the property is not available or they are been giving the runaround. I’m fed up I’m not paying them another dime, they can take back her timeshare we’ve honestly never used it and it’s been a money single ever since we signed the papers!